NARAIN DUTT TEWARI Vs. RUDRA DUTT BHATT

JUDGEMENT

(1.) This is a criminal case on the revision side of this Court. The Court took action of its own accord and sent for the record of the case.

(2.) It appears that the opposite parties, Rudra Dutt Bhatt and Gauri Dutt Karnatak, were two accused persons who were called before a Migistrate to answer charges under Secs.423 and 477-A of the Indian Penal Code at the instance of one Narayan Dutt Tewari. The learned Magistrate, in a judgment in which he stated the facts and the evidence very clearly, came to the conclusion that on the facts found by him no offence under either of the sections had been made out. He accordingly discharged the accused persons. Narayan Dutt Tewari took the matter to the District Magistrate, and while the case was still before him, this Court sent for the record. The Magistrate, in sending on the record, recorded his opinion that there was no case made out under Section 423 of the Indian Penal Code, but there was enough material before the learned trying Magistrate on which he could and should have framed a charge under Section 477-A of the Indian Penal Code.

(3.) The case has been very ably argued on either side and the question for determination is whether on the facts found, the accused persons were entitled to a discharge or whether a charge should have been framed and the case tried either by the Magistrate himself or committed to the Court of Session. As in my view the order of discharge was not warranted by the statement of the law I will briefly state the facts as found by the Magistrate, without expressing any opinion whatsoever as to whether the facts should be finally accepted or not as correct. It will be for the Court which finally tries the opposite parties to come to conclusions of facts on hearing such evidence as may be adduced on behalf of the defence. The accused persons, I understand, have already been examined by the learned Magistrate.